Legal Opinion

Clayton Tanksley v. Lee Daniels

Court of Appeals for the Third Circuit

Decided August 28, 2018No. 17-2023PublishedCited by 86 opinions

1Opinion of the Court

FISHER, Circuit Judge.

Clayton Prince Tanksley is an actor and producer who lives in Philadelphia. In 2005, he created a three-episode television pilot, Cream , for which he received a copyright. In 2015, Fox Television debuted a new series, Empire , from award-winning producer and director Lee Daniels. Shortly thereafter, Tanksley filed suit, claiming that Empire infringed on his copyright of Cream . The District Court found no substantial similarity between the two shows and dismissed Tanksley's complaint. For the reasons stated below, we will affirm.

I

A. Factual Background

In 2005, Tanksley…

2Cases cited34 opinions

  1. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  2. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  3. Harper & Row, Publishers, Inc. v. Nation EnterprisesSupreme Court of the United States · 1985
  4. Quinn v. Syracuse Model Neighborhood Corp.Court of Appeals for the Second Circuit · 1980
  5. Peter Pan Fabrics, Inc. And Henry Glass & Co. v. Martin Weiner Corp.Court of Appeals for the Second Circuit · 1960

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3Cited by86 opinions

  1. Corsale v. Sperian Energy Corp.District Court, W.D. Pennsylvania · 2019
  2. Pyrotechnics Management Inc v. XFX Pyrotechnics LLCCourt of Appeals for the Third Circuit · 2022
  3. Malibu Media, LLC v. DoeDistrict Court, M.D. Pennsylvania · 2018
  4. Kelley v. O'MalleyDistrict Court, W.D. Pennsylvania · 2018
  5. AMERICAN SOCIETY FOR TESTING AND MATERIALS v. UPCODES, INC.District Court, E.D. Pennsylvania · 2024

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